TO: Batchellerville Bridge Action Committee Members
FROM: Peter VanAvery
DATE: January 1, 2004
"You've ruined our lake!" That accusation, uttered by an angry access permit holder at the December 29 meeting in Johnstown of the board of the Hudson River-Black River Regulating District, summed up the sentiments of the other 200 property owners in attendance.
Chairman Timothy J. Noonan opened the session by announcing that access permit fees would be frozen at 2003 levels for one more year. The board then voted to accept the resignation of Executive Director Willard Loveless, effective January 14. He was not present.
If Chairman Noonan thought these actions would placate the crowd, he was mistaken. It was a bloodbath. You'll find newspaper coverage posted on our web site (www.nybbac.org), along with a copy of my statement.
This mess must be a personal embarrassment to Governor Pataki, who wields executive control over the District and appoints its board. He will probably move quickly in naming a new Executive Director. One confirmed candidate is Richard H. Lefebvre, 64, retired chairman of the Adirondack Park Agency. The Adirondack Council, an environmental activist group, gives him high marks as a person of strong integrity and as a communicator. However, whoever takes on this responsibility also will need a mailed fist in dealing with downstream hydroelectric firms, which are suing for millions of dollars in refunds on their annual assessment.
At Monday's meeting, many people hammered the District for allowing the lake to reach a level 16 feet above the historical average. For the second time this year, the lake is overflowing its banks, seriously eroding the shoreline. For the first time ever in January, every dock on the lake is afloat and clamped in ice. The damage toll will be out of sight! And the lake is continuing to rise.
The Regulating District certainly deserved the bashing it received. However, we should not overlook the fact that the District was only one of the 24 stakeholders that negotiated and affixed their signatures to the Offer of Settlement, which established rigid operating rules that the District must follow. Many people now believe that at least some representatives of those 24 stakeholders signed a document that they did not understand. If so, they were acting irresponsibly and should be held accountable.
For the first 71 years of the reservoir's existence, the District was solely responsible for decisions about releases of water. The Offer of Settlement, which became effective with the issuance of the Federal Energy Regulatory Commission license in 2002, stripped away that power from the District. The document was drafted and signed by people who apparently made the arrogant assumption that they knew better than the Chief Engineer, with his years of education and experience. He was not even a participant in the negotiations. Today, the rules strictly limit his flexibility in deciding when to release water.
In a November 17 letter, Executive Director Willard Loveless explained: "All of these rules were acceptable to the parties who signed the Settlement, including the Great Sacandaga Lake Association and the Great Sacandaga Lake Fisheries Federation, two local stakeholder groups that represent landowners and residents around the lake." (Let's set aside for now the question as to whether you authorized these two groups to represent you.) Key among these provisions is the Aggressive Use of Storage rule, which limits releases from the lake as a function of lake level and natural flow in the Hudson River. Said Loveless: This "operating rule was included in the Settlement to mitigate the loss of electric generation that would otherwise have occurred." It is to blame for the high water we experienced in May and June and from October on.
The settlement agreement/license is horribly flawed and needs to be amended. At Monday's board meeting, Chief Engineer Robert Foltan said that this will be difficult. But he did not say that it will be impossible. What is appalling is that none of the 24 stakeholders has exhibited any leadership in starting the process rolling. Don't forget that they volunteered for the task. You may recall the headline on the front page of the Summer 2000 issue of the GSLA's Newsletter: "GSLA Plays a Critical Role in Settlement Agreement." The accompanying article says the association was represented by GSLA president Willard Roth, Walt Ryan, and Brad Brownell. What are they doing to fix the problem?
Here's the whole group, as listed in the Federal Energy Regulatory Commission license:
Adirondack Park Agency; Town of Hadley and County of Saratoga, New York; County of Fulton, New York; Great Sacandaga Lake Association; Great Sacandaga Lake Fisheries Federation, Inc.; NYS Department of Environmental Conservation; Adirondack Mountain Club; U.S. Department of the Interior; New York Rivers United, on behalf of itself and American Whitewater, Natural Heritage Institute, and Trout Unlimited; Sacandaga Marine, Inc.; Adirondack Board Sailing Club; Finch, Pruyn, and Company; the Regulating District; Day Country Store; Adirondack Hydro Development Company; New York State Electric and Gas Company; Fort Miller Associates; Curtis Palmer Hydroelectric Company, L.P.; J. Andrews; Frank Wozniak; and Fourth Branch Associates.
Here's what I hope you will do. As we have demonstrated, we access permit holders represent a potent force. Look what we've accomplished in just four months! So start working the above list. You may not be a member of the Adirondack Mountain Club, but lots of you live in Saratoga and Fulton Counties. Put pressure on your political leaders to start the process of amending the Offer of Settlement. If you belong to one of the organizations listed, do the same. The message: We want the Regulating District to have more flexibility in releasing water.
Here's something else to complain about. The geniuses who drafted the Offer of Settlement did include a clause allowing the District to set aside the operating rules under certain conditions. But the procedure the District must follow in doing this is extremely complex and time-consuming. It requires the District to consult with NYS Department of Environmental Conservation, Fulton and Saratoga Counties, and downstream hydroelectric project owners and municipalities. On December 4, the District sent out a letter requesting a consultation meeting. I heard that the Board of Supervisors of Fulton County didn't get around to considering the letter until they met on December 30, which shows where their priorities lie. Meanwhile, the District's hands are still tied. Clearly, this provision is so unwieldy as to be unworkable. Could the District have sent out the letter earlier? Yes. Would it have sped up the process? Who knows? In my opinion, this provision should be rewritten to allow the District to act solely on its own judgment when necessary.
Considering that the lake is now iced over, the high levels could have drastic consequences. Sometime between now and mid-March, the level has to be dropped 22 feet to accommodate spring snow melt and rainfall -- which is the reservoir's primary mission. That could create cavernous air pockets under the ice that could collapse under the weight of a snowmobile. Or huge cracks could develop, hidden by snow cover, that could cause a snowmobile accident. If snowmobile use is limited or banned, area businesses would take a hit, and winter enjoyment of the lake would suffer.
What is it going to take to put the lake's level back to where it should be? To reach the March 15 target level of 748, the level has to be lowered about 22 feet, or 264 inches. Since March 15 is only 75 days away, the Regulating District needs to drain the lake by about 24 inches a week, or about 3.5 inches a day. Lots of luck!
If you go out on the lake this winter, please be extra careful. Happy New Year!